Negotiators from the member states and the European Parliament have reached an agreement on phasing out the use of plastic bags in the EU. However, the deal may be scuppered because the European Commission is unhappy with the agreement.

According to officials familiar with the talks, the deal agreed in principle tonight (17 November) will be put to a vote of member state representatives on Friday (21 November). But the Commission told Parliament and member state negotiators tonight that it is unhappy with the deal and is concerned that the focus of the strategy has changed during the legislative process. The Italian presidency of the Council of Ministers wants unanimous support for the agreement from member states in order to protect the deal from the Commission, according to sources. Only a unanimous vote could override a Commission veto.

Asked about the plastic bags issue last week, Frans Timmermans, the European Commission’s first vice-president for better regulation, indicated that he may be considering withdrawing the proposal. “I think the Commission...should be very precise about analysing whether a proposal, having gone through the [legislative] process, still has the same effect as intended at the beginning of the process. I’m not sure in this plastic-bag debate whether this is still what we intended at the outset," he said.

Last November, the Commission put forward a proposal for an EU framework on plastic bags after member states complained that the legal situation was unclear. Some countries, including Italy, had gone ahead with bans on plastic bags. Others, including Austria, wanted to follow suit. But Austria was concerned that a ban would violate the EU's packaging waste directive and single market rules.

After initially considering setting targets for reduction of plastic bag use, the Commission opted for a proposal clarifying the legal situation and giving member states the freedom to impose national bans. But in April, the European Parliament voted to strengthen the proposal by adding an 80% reduction target by 2019. MEPs also added a requirement that shops must always charge customers for plastic carrier bags.

However, member states rejected these additions. During the negotiations, MEPs said they would not agree to any deal that did not contain either a reduction target or a charge. The Italian presidency, fearful of going back to a situation of legal uncertainty, agreed to a deal under which member states would have a choice between mandatory reduction targets – 90 bags per person by 2019, falling to to 40 bags per person by 2025 – or mandatory pricing or taxes by 2019. The presidency negotiated this deal on the basis of a mandate given by a qualified majority of member states last week.

Margrete Auken, a Danish Green MEP who is in charge of the file in the Parliament, said tonight that "if confirmed, this deal would be a historic step in the fight to tackle the pervasive problem of plastic waste and for waste management in general".

The Parliament's proposal to ban oxo-biodegradable plastic bags was not included in the deal. It instead calls on the Commission to research the issue and take action if necessary.